Louisville Southern Railroad Company's Receivers v. Lewis
Court of Appeals of Kentucky
Case 51 — PETITION 1. Where the plaintiff specifies the negligence complained of he will be held to the specifications, and the specification of the particular negligence will control general words in the petition alleging negligence generally.
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Case 51 — PETITION 1. Where the plaintiff specifies the negligence complained of he will be held to the specifications, and the specification of the particular negligence will control general words in the petition alleging negligence generally. In the pleading in this case there was no complaint because there was not a flagman at the crossing or a gate at the crossing, and yet the instructions authorized a finding on that account. 2. The instruction authorizing the jury to find for the plaintiff notwithstanding his contributory -negligence, if the defendant’s agents after discovery of…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion op the court.
The appellee brought suit against the appellants for dam*298ages for injuries claimed to have been caused to him by the gross negligence of appellants, alleging that he was riding in a carriage toward the city of Louisville upon the Third street boulevard, and was run down and injured by a train of cars running backward across the boulevard upon the tracks of the Louisville Southern E. E. Co.; that no signal or warning was given of the approach of the train, no light placed upon the rear end thereof, and no notice whatever given of its approach,…
2Cases cited2 opinions
- Hayden v. Ortkeiss' Adm'rCourt of Appeals of Kentucky · 1885
- Scott v. BurrowsCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
- Sandy Valley & Elkhorn Railway Co. v. MooreCourt of Appeals of Kentucky · 1917
- Bourland v. MitchellCourt of Appeals of Kentucky · 1960
- Cutten v. WallaceCourt of Appeals for the Seventh Circuit · 1935
- Dark Tobacco Growers' Co-Operative Ass'n v. GarthCourt of Appeals of Kentucky (pre-1976) · 1927
- Cohen v. City of New YorkAppellate Terms of the Supreme Court of New York · 1964